STATE v. SAWYER

No. 27393.

409 S.C. 475 (2014)

763 S.E.2d 183

The STATE, Petitioner, v. Phillip Wesley SAWYER, Respondent.

Supreme Court of South Carolina.

Withdrawn and Substituted August 27, 2014.

Rehearing Denied August 27, 2014.


Attorney(s) appearing for the Case

Attorney General Alan McCrory Wilson and Assistant Attorney General William M. Blitch, Jr. , both of Columbia, and Solicitor Barry Joe Barnette of Spartanburg, for Petitioner.

Appellate Defender LaNelle Cantey DuRant , of Columbia, for Respondent.


Justice PLEICONES.

The Court granted the State's petition for a writ of certiorari to review an unpublished Court of Appeals decision that affirmed the circuit court's suppression of respondent's breath test results and video in this prosecution for driving under the influence (DUI). State v. Sawyer, 2011-UP-263, 2011 WL 11734636 (S.C. Ct.App. filed June 7, 2011). We affirm, holding that a videotape from the breath test site that lacks the audio portion of...

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